HENN v. BROWARD COUNTY

No. 4-86-2851.

524 So.2d 696 (1988)

Betty D. HENN, Harold Turbyfill and Hi-Way Theatres, Inc., Appellants, v. BROWARD COUNTY, a Political Subdivision of the State of Florida, Lucian P. Cross and Ann Cross, His Wife, et al., Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied June 2, 1988.


Attorney(s) appearing for the Case

Alan E. Deserio of Brigham, Moore, Gaylord, Schuster & Sachs, Tallahassee, for appellants.

Susan F. Delegal, General Counsel, and Catherine Brown, Asst. General Counsel, Fort Lauderdale, for appellee Broward County.


LETTS, Judge.

Involved is the propriety of a trial judge's order awarding a set off in favor of Broward County in a condemnation proceeding. We reverse and remand this cause for an evidentiary hearing.

This appeal arises from two eminent domain actions pertinent to the same real estate. The first concerned only avigation rights and the second a later taking of the actual land itself. A written stipulation was entered...

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